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Use of Site
Thank you for visiting the www.belstaff.com website ("Website").
The use of the Website, which is owned by BELSTAFF NORTH AMERICA (“Belstaff”), a company with offices at 121 Varick Street, Suite 803, NY, NY 10013, registered on the Commercial Register of the Canton of Ticino No. EIN 38-3861384, is subject to the following terms and conditions (“Terms”). Belstaff may revise these terms at its sole discretion by updating this section, with the revised terms taking effect for all users as of the date stated on the section.
The content included in the Website may contain technical inaccuracies or typographical errors. Belstaff assumes no liability for the accuracy and/or fitness for particular purposes of any information and elements contained in the Website. By furnishing the information and elements contained in the Website, Belstaff grants no licenses to any copyrights, trademark rights or any other intellectual property rights on the information and elements contained in the Website.
In no event will belstaff be liable to any party for any direct, indirect, special or other consequential damages for any use of the site or any other hyper-linked websites, including, without limitation, damages such as loss of profits or sales, interruption of business or professional activity, the loss of programs or other data, of whatever nature, on the user's information processing system even if belstaff is made expressly aware of the possibility of such damages.
Information and Materials Submission
By transmitting information and materials to Belstaff, you automatically grant Belstaff a worldwide, royalty free, perpetual, irrevocable and non-exclusive right to use such information and materials including the right to reproduce, copy, publish, edit, translate, modify, communicate, distribute and display such information and materials, alone, or as a part of other works in any form, media, or technology whether now known or hereafter developed and to sublicense such rights to anyone, without compensation to you or any other person, for any title, reason or cause.
Further, with regard to such information and materials transmitted by you, Belstaff has an unlimited and irrevocable right to use any idea, concept, know-how or technique contained, expressed or implied in such information and materials, for any purpose, without any compensation to you or any other person, for any title, reason or cause.
By transmitting any information or materials to Belstaff, you represent and warrant that no submission made by you breaches the rights of any third party.
Belstaff is in no way liable for the availability or any content of any websites accessible by means of the Website. When accessing a website through the Belstaff Website you acknowledge that such site is independent from the Belstaff Website. Belstaff has no control over the content of any website accessible by means of the Website. Further, the presence of a link to a website other than the Belstaff Website does not imply acceptance of liability by Belstaff for the content or the use of such website. It is your exclusive responsibility to take all necessary precautions to ensure that whatever element or material you select for your use is free of destructive items such as viruses, worms, "Trojan horses" or similar.
After you submit a Submission (as defined below) on Instagram, you will have the chance to have your photographs, video, etc. appear on the dedicated area of the Website. Belstaff reserves the right, at its sole discretion, to edit any Submission and to choose to include or not include such Submission in the Website. You acknowledge and agree that Belstaff has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of information voluntarily made public through any part of the Website.
Any ideas, content of any kind (including, without limitation, text, software, photographs, videos, audio visual recordings, graphics, music, and sound), or other information you provide to us by using the #belstaffman, #belstaffwoman or #herebedragons hashtag in a post on Instagram tagging @Belstaff (collectively, "Submissions") will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any Submission, as well as your name, Instagram, profile picture, image, likeness, comments, posts, statements or other information, in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submission to use such third parties' names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality obligations. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us, Instagram, and any of our or their respective parents, affiliates, licensees, licensors, and each of their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person's or entity's name, Instagram, profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; or (b) any breach or alleged breach by you of any of these Terms or applicable laws. You acknowledge that Belstaff is not responsible for, and has no liability for, any use of all or any part of a Submission by any third party.
Copyrights, Trademarks and other Intellectual Property Rights
The Website as a whole, and any single element on this Website, is protected by copyright, trademark rights and the other intellectual property rights either owned by Belstaff or by the companies controlled by, or affiliated to, Belstaff, or licensed to Belstaff. Such elements include, among others, photographs, designs, testimonials, images, texts, video and audio clips, logos, trademarks and software programs used for the management and development of the Website. The elements contained in the Website are reproduced for information and/or promotional purposes only. The Website is for personal use only. You may download or copy the elements contained in the Website for personal use only, not for commercial or other purposes. As a consequence, you are not entitled to reproduce, copy, publish, transmit, distribute, modify, cancel and, in general, to perform any other activity using the elements contained in the Website (including any software used for the management and/or development of the Website) for any purposes, other than for personal use.
Terms and Conditions of Sale
This Website is operated by BELSTAFF NORTH AMERICA (Registration Number EIN 38-3861384 and Registered Office: 121 Varick Street, Suite 803, NY, NY 10013. The use of the following terms; “Us”, “We”, “Our” refers to BELSTAFF NORTH AMERICA. The terms “You”, “Your” and “You’re” are references to users of this website and customers of the www.belstaff.com, www.belstaff.co.uk, www.belstaff.eu, www.belstaff.de.
1.1 Use of this Site confirms your agreement to both General Terms and Conditions as well as Terms and Conditions of Sale applicable to this online shop.
We reserve the right to change at our discretion these Terms and Conditions at any time and continued use of this website will be construed as your acceptance of any new terms. If these terms and conditions are changed in any way the date at which they were last updated will be featured at the bottom of this page. The version published on the Site is the version currently in force. Belstaff invites you to periodically read the Terms and Conditions to ensure you are fully informed of any relevant and applicable changes
By using this website you agree that it is for your own non-commercial use and that whilst a visitor to this site you will not use it to infringe, restrict or abuse the rights of others, or distribute material of an illegal nature including but not restricted to obscene, defamatory, racist, xenophobic, homophobic or other discriminatory or derogatory material or material which by its nature is spam or designed for the promotion of another organisation.
You also undertake that you will not gain or attempt to gain access to our information technology systems to distribute any form of malicious software designed to affect our own information technology systems or that of any other website user. Whilst we have taken the necessary precautions to protect Belstaff from malicious software, we cannot be held responsible should a third party implement any form of malicious software on the website and the resulting effects this may have on our users. We reserve the right to withdraw access to the website at our discretion if we feel an individual is in breach of our terms and conditions. As well as report to the police where necessary, the details of any user who may be criminally liable under the Computer Misuse Act 1990.
Use of this website infers an agreement to observe all relevant intellectual property rights, trademarks, copyrights and patents of ours.
We reserve the right to change or remove any part of this website or the entire website itself at any time without notice. We also reserve the right to make the website unavailable in whole or part at our discretion without notice.
Whilst we will make every effort to ensure that our website meets the requirements set forth we can in no way be held liable except where mandated by law for losses or damages caused by the use of the Belstaff online shop or any dealings with us. This does not extend to liabilities which we cannot be excluded from under all applicable legislation.
You agree through use of this website to indemnify, defend and hold harmless Belstaff, its employees, directors, agents, partners, licensees and any affiliated party from any liability through your own breach of these terms and conditions or illegal action in relation to the use of this website.
If we do not to take legal action whether it be criminal or civil against any party for breach of these terms and conditions, this does not affect our right to do so in future against the same or different parties, whether it be for breaches of a similar or differing nature.
5. Your Account
Our online store operates a guest login and user account scheme. This means that when you purchase goods from us you can choose to do so by either creating a permanent user account or not.
We reserve the right to refuse access to the website, amend and remove content and cancel orders at no cost to you.
Goods, Pricing and Promotions
6. Goods – Guarantee of Authenticy
All goods offered for sale on this website are official Belstaff merchandise sold and we therefore guarantee the authenticity of the Goods purchased on this Website. We aim to ensure all goods are represented fairly and accurately. As such we are unable to take responsibility for any technical issues customers may have that cause an item to appear differently than it actually is.
All prices on our website are in Pounds Sterling (GBP) unless otherwise stated. All charges will be made in Pounds Sterling (GBP) and where applicable this will then be converted to your local currency at the exchange rate applied by your card provider. We reserve the right to change, amend or alter the price of goods on this website at any time without notice. All prices displayed on the website are inclusive of Value Added Tax (VAT) at the rate applicable at the time of purchase. Please note that the final order cost is inclusive of any local import duties or taxes applicable to countries outside the European Union.
8. VAT Refunds
As an online retailer we are not legally able to participate in the United Kingdom VAT refund scheme for orders delivered outside the European Union.
On occasion there may be promotional offers on goods available for sale. We withhold the right to extend, change or withdraw any promotion at any time without further notice.
10. Card Payment
The Belstaff Online store accepts payment by Visa, Visa Debit, MasterCard, American Express and PayPal.
11. Card Payment Processing
All card payments will be processed by our partner Cybersource. We will only take payment from your account once we have despatched your order in part or full and only for the value of the goods despatched. For Contact to Order goods, on confirmation of your order a deposit of a third of the full value of the order will be taken on your credit card, with the balance of payment due prior to despatch.
Contract and Cancellation
12. The Contract and Contract Cancellation
The offer of goods on this website or the acknowledgement of having received your request for an order does not amount to a contractual offer on our part. Acceptance of your order and the implied contractual offer will be confirmed by us via email once we despatch your order in part or full. The acceptance of your order will only pertain to the goods named within the email confirming despatch of your goods. We reserve the right not to accept your order, entirely or partially, for any commercial reason whatsoever.
13. Cancellation Policy
Under the European Distance Selling Regulations, you have up to 14 working days after you have received your delivery to cancel your order (other than in respect of goods made to your specification or have been personalized for you). Any delivery charges will be refunded. However, if only part of your order is cancelled, the delivery charge will not be refunded.
To cancel this contract, you need to do so in writing. Please email our customer care department firstname.lastname@example.org stating the order number and giving your clear instruction to cancel the order.
If you have contacted us to cancel your order before you have received your goods, unless cancellation takes place within 30 minutes of your order placement, your cancelled order may already be picked and will be delivered to you. Please refuse any delivery of cancelled goods or arrange for them to be couriered back to us by contacting our customer care team at email@example.com
In the meantime you must take reasonable care of the Goods. Belstaff will approve the return of the Goods only if the Goods sent back to Belstaff are in perfect condition, new, unused and with all tags and labels attached. In such a case, Belstaff will reimburse the price originally paid by crediting the refund to the card/payment method you originally used to pay for the Goods, within approximately fourteen (14) days from the date of receipt of the returned Goods unless possible delays of a technical nature occur that are not attributable to Belstaff.
On the contrary, if the Goods appear to be worn or used, any of the labelling or tags are missing, do not comply with these General terms and Conditions of Sale or Belstaff has any reason to believe that the Goods have been altered or are imitation of the Goods or were not purchased directly through the Site, Belstaff will not accept the return and will return the Goods back to you.
Delivery, Returns and Refunds
We aim to deliver in the quickest time possible and delivery timings will be provided for your country at checkout. Please note that in certain exceptional circumstances events beyond our control (known as force majeure) may prevent our couriers from delivering within a guaranteed time period.
15. Order Tracking
Once an item has been despatched by us you can track the progress via the courier website using the link provided in your despatch confirmation email.
16.0 Refund and Returns Policy
16.1 Returns Policy
After receiving your goods you have 14 days within which to return them should you wish.
16.2 Returns Process
All goods to be returned must be in the condition in which they were received, complete with all the original packaging, labelling, security tags and the appropriate returns documentation (including the original commercial invoice that you received with your goods as well as the new commercial invoice for the return journey). We cannot accept returns where the security tag has been removed. Goods must be sent by our free courier service arranged by contacting our customer care team. We recommend that you keep your courier collection receipt when returning all goods, as we cannot be held responsible for goods lost or stolen before they are received by us.
16.3 Return of Faulty Items
If an item you receive turns out to be faulty you are entitled to a full refund. Please return all goods to us with the appropriate documentation clearly marking the relevant fields.
16.4 Non Returnable Goods
We are unable to accept returns of personalized goods. These provisions do not affect your statutory rights.
16.5 Lost Returns Information
If you have mislaid the returns documentation please contact our customer care team with all the details you do have.
Please note all deliveries, returns and customer queries are managed by our logistics partner Textile Logistics USA. Please only return goods using the procedure outlined above. Returns cannot be accepted at any other address associated with Belstaff or any of the Brands associated with the event or that are offered for sale on this website.
Once we have received your goods and processed your refund you will receive an email confirmation from us.
16.7 Refund Process
Refunds will usually be processed by us within 14 days of our receipt of the returned goods and will be made to the same payment card used to pay. However please clarify with your payment provider or bank how long they will take to process the refund as this is beyond our control.
We guarantee that all goods offered for sale on this website will be as described accurately and fit for the purpose described without fault in their design or manufacture.
18. Faulty Goods Policy
If for any unforeseeable reasons an item purchased from us does have a fault then we will refund the item at no cost to yourself.
19. Applicable Law and Jurisdiction
These General Terms and Conditions of Sale are governed by Swiss law. Any dispute related to the validity, interpretation and/or execution of these General Terms and Condition of Sale shall be subject to the exclusive jurisdiction of the Court of Ticino or, if applicable, of the competent court of the place of your habitual place of residence or domicile..
The effective date of these Terms and Conditions is 17th July 2014